Sentences & Penalties for OUI Convictions

The Court process is complex and timely, where many cases take more than a year before they are resolved or get a trial date.  If you are convicted of an OUI, there is a substantial possibility that jail could be offered by the Prosecutor with respect to the facts of your case.  In addition, you will very likely be ordered to pay hundreds of dollars in fines, attend and pay safe driving program fees, and your driver’s license will be further suspended.

The severity of penalties due to an OUI conviction will vary based upon your prior criminal record (if any), driving history, and other relevant factors. The maximum fines and potential jail sentence that can be imposed upon you is generally predicated on whether you have previous OUI or driving convictions on your record.  Below is a very generic overview of the standard sentencing following a first or multiple OUI conviction in District Court (not including license suspensions):

First OUI Conviction: The Judge could order you to serve up to two and a half years in jail, have to pay a fine totaling between $500 and $5,000, or both.  In addition, your license is suspended for one year.  

Second OUI Conviction: The Judge could order you to serve minimum of 60 days in jail, with the possibility of up to two and a half years in jail, have to pay a fine between $600 and $10,000, or both;

Third OUI Conviction: The Judge will order you to serve a minimum of 180 days in jail, with the possibility of up to two and a half years in jail, and you may have to pay a fine between $1,000 and $15,000;

Fourth OUI Conviction: The Judge will order you to serve to serve a minimum of two years in jail, with the possibility up to two and a half years in jail, and you may have to pay a fine between $1,500 and $25,000;

Fifth OUI Conviction: The Judge will order you to serve a minimum of two and a half years in jail, with the possibility up to five years in jail, and you may have to pay a fine between $2,000 and $50,000.

However, effective defense attorneys can argue an alternative sentence in lieu of the standard sentence above for first and second offense OUI convictions.  For example, for certain first time OUI offenders, your defense attorney could argue that it is more appropriate to place you on probation, where you would complete a multiple week impaired driver safety class.  This can potentially lessen the amount in fines you are to pay, shorten the length of your license being suspended, and at times enable you to avoid a conviction on your criminal record.